Title 15Commerce and TradeRelease 119-73not60

§1667b Lessee’s Liability on Expiration or Termination of Lease

Title 15 › Chapter 41— CONSUMER CREDIT PROTECTION › Subchapter I— CONSUMER CREDIT COST DISCLOSURE › Part E— Consumer Leases › § 1667b

Last updated Apr 3, 2026|Official source

Summary

When a renter may owe money at the end of a lease based on the estimated leftover (residual) value, that estimate must be a reasonable guess of the property’s fair market value at lease end. If the estimate is more than the actual value by over three times the average monthly payment under the lease, it is assumed to be unreasonable and not in good faith unless the owner proves otherwise. The owner cannot collect that extra amount unless they sue and win, and the owner must pay the renter’s reasonable lawyer fees. That rule does not apply if the gap is caused by damage beyond normal wear and tear or by excessive use; leases may set fair standards for wear and use. Charges for late payment, default, or ending the lease early are allowed but must be reasonable. If there is a residual charge at lease end, the renter may, at their own cost, get an independent professional appraisal that both sides accept, and that appraisal is final.

Full Legal Text

Title 15, §1667b

Commerce and Trade — Source: USLM XML via OLRC

(a)Where the lessee’s liability on expiration of a consumer lease is based on the estimated residual value of the property such estimated residual value shall be a reasonable approximation of the anticipated actual fair market value of the property on lease expiration. There shall be a rebuttable presumption that the estimated residual value is unreasonable to the extent that the estimated residual value exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease. In addition, where the lessee has such liability on expiration of a consumer lease there shall be a rebuttable presumption that the lessor’s estimated residual value is not in good faith to the extent that the estimated residual value exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease and such lessor shall not collect from the lessee the amount of such excess liability on expiration of a consumer lease unless the lessor brings a successful action with respect to such excess liability. In all actions, the lessor shall pay the lessee’s reasonable attorney’s fees. The presumptions stated in this section shall not apply to the extent the excess of estimated over actual residual value is due to physical damage to the property beyond reasonable wear and use, or to excessive use, and the lease may set standards for such wear and use if such standards are not unreasonable. Nothing in this subsection shall preclude the right of a willing lessee to make any mutually agreeable final adjustment with respect to such excess residual liability, provided such an agreement is reached after termination of the lease.
(b)Penalties or other charges for delinquency, default, or early termination may be specified in the lease but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the delinquency, default, or early termination, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
(c)If a lease has a residual value provision at the termination of the lease, the lessee may obtain at his expense, a professional appraisal of the leased property by an independent third party agreed to by both parties. Such appraisal shall be final and binding on the parties.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1667b

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60